Database Indexing Patent Claims Survive Alice Motion to Dismiss

Case:  Iron Gate Security, Inc. v. Lowe’s Companies, Inc., No. 15-cv-8814 (KBF) (S.D.N.Y. August 3, 2016). Result: Rule 12(b)(6) motion to dismiss based on invalidity under 35 U.S.C. § 101 denied, but defendant may bring a Sec… Read More

Some Complaints for Patent Infringement Easily Fail Under Iqbal and Twombley

Here is an example of how the abnegation of Form 18 of the Federal Rules of Civil Procedure is changing patent litigation.  In Mike Murphy’s Enters. v. Fineline Indus., LLC, No. 1:16-cv-784-LJO-SAB (E.D. Cal. Aug. 4 2016),… Read More

Alice Kills Streaming Video Sharing Patent Claims

Case:  Videoshare LLC v. Google, Inc., No. 13-cv-990 (GMS) (D. Del. August 2, 2016). Result: Rule 12(c) motion for judgment on the pleadings of invalidity under 35 U.S.C. § 101 was granted. Patents: U.S. Patent No. 8,438,608 (&#… Read More

Federal Circuit Holds Coined Phrases to Be Means-Plus-Function, and Indefinite

In Advanced Ground Information Systems, Inc. v. Life360, Inc., No. 2015-1732 (Fed. Cir. July 28, 2016), the Federal Circuit cautioned against coining verbal nouns and phrases without specifying sufficient structure or algorithms i… Read More

Patent Claims to Analyzing and Using Power Grid Data Fail under Alice and Mayo

The Alice/Mayo 35 U.S.C. § 101 patent-eligibility test easily resulted in the invalidity of patent claims directed to “real-time performance monitoring of an electric power grid.”  Electric Power Group, LLC v. Alstom… Read More